Bill Summary – FastDemocracy

PRIOR PRINTER'S NO. 687                          PRINTER'S NO.   3279
                   THE GENERAL ASSEMBLY OF PENNSYLVANIA
                       HOUSE BILL
                       No. 717
                                               Session of
                                                 2021
     INTRODUCED BY SCHWEYER, BRIGGS, CIRESI, FIEDLER, FRANKEL,
        FREEMAN, GALLOWAY, ISAACSON, KINKEAD, KINSEY, ROZZI, SANCHEZ,
        WARREN, SCHLOSSBERG, SAPPEY, BENHAM, SAMUELSON, BOYLE AND
        McNEILL, MARCH 1, 2021
     AS AMENDED, COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES,
        JUNE 21, 2022
                                   AN ACT
 Amending Title 18 (Crimes and Offenses) of the Pennsylvania      <--
    Consolidated Statutes, in firearms and other dangerous
    articles, further providing for definitions and for
    possession of firearm by minor.
 AMENDING TITLE 18 (CRIMES AND OFFENSES) OF THE PENNSYLVANIA      <--
    CONSOLIDATED STATUTES, IN FIREARMS AND OTHER DANGEROUS
    ARTICLES, REPEALING PROVISIONS RELATING TO FIREARMS NOT TO BE
    CARRIED WITHOUT A LICENSE, PROVIDING FOR LICENSE NOT
    REQUIRED, REPEALING PROVISIONS RELATING TO CARRYING FIREARMS
    ON PUBLIC STREETS OR PUBLIC PROPERTY IN PHILADELPHIA,
    PROVIDING FOR SPORTSMAN'S FIREARM PERMIT, FURTHER PROVIDING
    FOR LICENSES AND REPEALING PROVISIONS RELATING TO PROOF OF
    LICENSE AND EXCEPTION.
    THE GENERAL ASSEMBLY FINDS THAT:
        (1)   THE LAWS IN EXISTENCE REGULATING FIREARMS LICENSING
    ARE INEFFECTUAL IN PREVENTING CRIME AND ONLY INTERFERE WITH
    THE NATURAL RIGHTS OF LAW-ABIDING CITIZENS.
        (2)   IT IS NECESSARY TO CODIFY THE INHERENT RIGHT TO THE
    CARRYING OF FIREARMS, WHETHER OPENLY OR CONCEALED, AND THAT
    THE RIGHT TO SELF-DEFENSE IS AN INHERENT NATURAL RIGHT THAT
    SHALL NOT BE QUESTIONED AS STATED IN SECTION 21 OF ARTICLE I
    OF THE CONSTITUTION OF PENNSYLVANIA.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.         Section 6102 of Title 18 of the Pennsylvania     <--
 Consolidated Statutes is amended by adding definitions to read:
 § 6102.    Definitions.
    Subject to additional definitions contained in subsequent
 provisions of this subchapter which are applicable to specific
 provisions of this subchapter, the following words and phrases,
 when used in this subchapter shall have, unless the context
 clearly indicates otherwise, the meanings given to them in this
 section:
    "Assault weapon."         Any of the following:
           (1)   A semiautomatic rifle that has an ability to accept
    a detachable 44 magazine and has at least one of the
    following characteristics:
                 (i)    A part or combination of parts designed and
           intended to accelerate the rate of fire of the
           semiautomatic firearm to simulate the rate of fire of a
           machinegun.
                 (ii)    A folding or telescoping stock.
                 (iii)    A pistol grip that protrudes conspicuously
           beneath the action of the semiautomatic rifle.
                 (iv)    A thumbhole stock, a second handgrip or a
           protruding grip that can be held by the nontrigger hand.
                 (v)    A bayonet mount, a flash suppressor, muzzle
           break or muzzle compensator.
                 (vi)    A threaded barrel designed to accommodate a
           flash suppressor, muzzle break or muzzle compensator.
                 (vii)    A grenade launcher.
           (2)   A semiautomatic shotgun that has at least one of the
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    following characteristics:
                (i)    A folding or telescoping stock.
                (ii)    A thumbhole stock.
                (iii)    A second handgrip or a protruding grip that
          can be held by the nontrigger hand.
                (iv)    A fixed magazine capacity in excess of seven
          rounds.
                (v)    An ability to accept a detachable magazine.
                (vi)    A revolving cylinder.
    * * *
    "Machinegun."       As defined in section 201 of the Internal
 Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 5845).
    "Peace officer."       Any of the following:
          (1)    A person who by virtue of the person's office or
    public employment is vested by law with a duty to maintain
    public order or make arrests for criminal offenses, whether
    the duty extends to all criminal offenses or is limited to
    specific criminal offenses.
          (2)    A person on active State duty under 51 Pa.C.S. § 508
    (relating to active duty for emergency).
          (3)    A member of a park police department of a county of
    the third class.
    * * *
    "Weapon-carrying officer."        A county probation or parole
 officer who is authorized to carry a weapon in connection with
 performance of the duties of the officer's employment.
    Section 2.        Section 6110.1 of Title 18 is amended to read:
 § 6110.1.      Possession of firearm or assault weapon by minor.
    (a)   Firearm.--Except as provided in subsection (b), a person
 under 18 years of age shall not possess or transport a firearm
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 anywhere in this Commonwealth.
    (a.1)   Assault weapon.--Except as provided in subsection
 (b.1), a person under 21 years of age shall not purchase,
 possess or transport an assault weapon.
    (b)   [Exception] Firearm exception.--Subsection (a) shall not
 apply to a person under 18 years of age:
          (1)   who is under the supervision of a parent,
    grandparent, legal guardian or an adult acting with the
    expressed consent of the minor's custodial parent or legal
    guardian and the minor is engaged in lawful activity,
    including safety training, lawful target shooting, engaging
    in an organized competition involving the use of a firearm or
    the firearm is unloaded and the minor is transporting it for
    a lawful purpose; or
          (2)   who is lawfully hunting or trapping in accordance
    with 34 Pa.C.S. (relating to game).
    (b.1)   Assault weapon exception.--Subsection (a.1) shall not
 apply to a person under 21 years of age who is:
          (1)   a member of the armed services;
          (2)   an authorized weapon-carrying officer; or
          (3)   a vested peace officer.
    (c)   Responsibility of adult.--Any person who knowingly and
 intentionally delivers or provides to the minor a firearm in
 violation of subsection (a), or to a person under 21 years of
 age an assault weapon in violation of subsection (a.1), commits
 a felony of the third degree.
    (d)   Forfeiture.--Any firearm in the possession of a person
 under 18 years of age or assault weapon in the possession of a
 person under 21 years of age in violation of this section shall
 be promptly seized by the arresting law enforcement officer and
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 upon conviction or adjudication of delinquency shall be
 forfeited or, if stolen, returned to the lawful owner.
    Section 3.    This act shall take effect in 60 days.
    SECTION 1.    SECTION 6106 OF TITLE 18 OF THE PENNSYLVANIA        <--
 CONSOLIDATED STATUTES IS REPEALED:
 [§ 6106.    FIREARMS NOT TO BE CARRIED WITHOUT A LICENSE.
    (A)     OFFENSE DEFINED.--
          (1)   EXCEPT AS PROVIDED IN PARAGRAPH (2), ANY PERSON WHO
    CARRIES A FIREARM IN ANY VEHICLE OR ANY PERSON WHO CARRIES A
    FIREARM CONCEALED ON OR ABOUT HIS PERSON, EXCEPT IN HIS PLACE
    OF ABODE OR FIXED PLACE OF BUSINESS, WITHOUT A VALID AND
    LAWFULLY ISSUED LICENSE UNDER THIS CHAPTER COMMITS A FELONY
    OF THE THIRD DEGREE.
          (2)   A PERSON WHO IS OTHERWISE ELIGIBLE TO POSSESS A
    VALID LICENSE UNDER THIS CHAPTER BUT CARRIES A FIREARM IN ANY
    VEHICLE OR ANY PERSON WHO CARRIES A FIREARM CONCEALED ON OR
    ABOUT HIS PERSON, EXCEPT IN HIS PLACE OF ABODE OR FIXED PLACE
    OF BUSINESS, WITHOUT A VALID AND LAWFULLY ISSUED LICENSE AND
    HAS NOT COMMITTED ANY OTHER CRIMINAL VIOLATION COMMITS A
    MISDEMEANOR OF THE FIRST DEGREE.
    (B)     EXCEPTIONS.--THE PROVISIONS OF SUBSECTION (A) SHALL NOT
 APPLY TO:
          (1)   CONSTABLES, SHERIFFS, PRISON OR JAIL WARDENS, OR
    THEIR DEPUTIES, POLICEMEN OF THIS COMMONWEALTH OR ITS
    POLITICAL SUBDIVISIONS, OR OTHER LAW-ENFORCEMENT OFFICERS.
          (2)   MEMBERS OF THE ARMY, NAVY, MARINE CORPS, AIR FORCE
    OR COAST GUARD OF THE UNITED STATES OR OF THE NATIONAL GUARD
    OR ORGANIZED RESERVES WHEN ON DUTY.
          (3)   THE REGULARLY ENROLLED MEMBERS OF ANY ORGANIZATION
    DULY ORGANIZED TO PURCHASE OR RECEIVE SUCH FIREARMS FROM THE
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  UNITED STATES OR FROM THIS COMMONWEALTH.
      (4)   ANY PERSONS ENGAGED IN TARGET SHOOTING WITH A
  FIREARM, IF SUCH PERSONS ARE AT OR ARE GOING TO OR FROM THEIR
  PLACES OF ASSEMBLY OR TARGET PRACTICE AND IF, WHILE GOING TO
  OR FROM THEIR PLACES OF ASSEMBLY OR TARGET PRACTICE, THE
  FIREARM IS NOT LOADED.
      (5)   OFFICERS OR EMPLOYEES OF THE UNITED STATES DULY
  AUTHORIZED TO CARRY A CONCEALED FIREARM.
      (6)   AGENTS, MESSENGERS AND OTHER EMPLOYEES OF COMMON
  CARRIERS, BANKS, OR BUSINESS FIRMS, WHOSE DUTIES REQUIRE THEM
  TO PROTECT MONEYS, VALUABLES AND OTHER PROPERTY IN THE
  DISCHARGE OF SUCH DUTIES.
      (7)   ANY PERSON ENGAGED IN THE BUSINESS OF MANUFACTURING,
  REPAIRING, OR DEALING IN FIREARMS, OR THE AGENT OR
  REPRESENTATIVE OF ANY SUCH PERSON, HAVING IN HIS POSSESSION,
  USING OR CARRYING A FIREARM IN THE USUAL OR ORDINARY COURSE
  OF SUCH BUSINESS.
      (8)   ANY PERSON WHILE CARRYING A FIREARM WHICH IS NOT
  LOADED AND IS IN A SECURE WRAPPER FROM THE PLACE OF PURCHASE
  TO HIS HOME OR PLACE OF BUSINESS, OR TO A PLACE OF REPAIR,
  SALE OR APPRAISAL OR BACK TO HIS HOME OR PLACE OF BUSINESS,
  OR IN MOVING FROM ONE PLACE OF ABODE OR BUSINESS TO ANOTHER
  OR FROM HIS HOME TO A VACATION OR RECREATIONAL HOME OR
  DWELLING OR BACK, OR TO RECOVER STOLEN PROPERTY UNDER SECTION
  6111.1(B)(4) (RELATING TO PENNSYLVANIA STATE POLICE), OR TO A
  PLACE OF INSTRUCTION INTENDED TO TEACH THE SAFE HANDLING, USE
  OR MAINTENANCE OF FIREARMS OR BACK OR TO A LOCATION TO WHICH
  THE PERSON HAS BEEN DIRECTED TO RELINQUISH FIREARMS UNDER 23
  PA.C.S. § 6108 (RELATING TO RELIEF) OR BACK UPON RETURN OF
  THE RELINQUISHED FIREARM OR TO A LICENSED DEALER'S PLACE OF
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  BUSINESS FOR RELINQUISHMENT PURSUANT TO 23 PA.C.S. § 6108.2
  (RELATING TO RELINQUISHMENT FOR CONSIGNMENT SALE, LAWFUL
  TRANSFER OR SAFEKEEPING) OR BACK UPON RETURN OF THE
  RELINQUISHED FIREARM OR TO A LOCATION FOR SAFEKEEPING
  PURSUANT TO 23 PA.C.S. § 6108.3 (RELATING TO RELINQUISHMENT
  TO THIRD PARTY FOR SAFEKEEPING) OR BACK UPON RETURN OF THE
  RELINQUISHED FIREARM.
      (9)    PERSONS LICENSED TO HUNT, TAKE FURBEARERS OR FISH IN
  THIS COMMONWEALTH, IF SUCH PERSONS ARE ACTUALLY HUNTING,
  TAKING FURBEARERS OR FISHING AS PERMITTED BY SUCH LICENSE, OR
  ARE GOING TO THE PLACES WHERE THEY DESIRE TO HUNT, TAKE
  FURBEARERS OR FISH OR RETURNING FROM SUCH PLACES.
      (10)   PERSONS TRAINING DOGS, IF SUCH PERSONS ARE ACTUALLY
  TRAINING DOGS DURING THE REGULAR TRAINING SEASON.
      (11)   ANY PERSON WHILE CARRYING A FIREARM IN ANY VEHICLE,
  WHICH PERSON POSSESSES A VALID AND LAWFULLY ISSUED LICENSE
  FOR THAT FIREARM WHICH HAS BEEN ISSUED UNDER THE LAWS OF THE
  UNITED STATES OR ANY OTHER STATE.
      (12)   A PERSON WHO HAS A LAWFULLY ISSUED LICENSE TO CARRY
  A FIREARM PURSUANT TO SECTION 6109 (RELATING TO LICENSES) AND
  THAT SAID LICENSE EXPIRED WITHIN SIX MONTHS PRIOR TO THE DATE
  OF ARREST AND THAT THE INDIVIDUAL IS OTHERWISE ELIGIBLE FOR
  RENEWAL OF THE LICENSE.
      (13)   ANY PERSON WHO IS OTHERWISE ELIGIBLE TO POSSESS A
  FIREARM UNDER THIS CHAPTER AND WHO IS OPERATING A MOTOR
  VEHICLE WHICH IS REGISTERED IN THE PERSON'S NAME OR THE NAME
  OF A SPOUSE OR PARENT AND WHICH CONTAINS A FIREARM FOR WHICH
  A VALID LICENSE HAS BEEN ISSUED PURSUANT TO SECTION 6109 TO
  THE SPOUSE OR PARENT OWNING THE FIREARM.
      (14)   A PERSON LAWFULLY ENGAGED IN THE INTERSTATE
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  TRANSPORTATION OF A FIREARM AS DEFINED UNDER 18 U.S.C. §
  921(A)(3) (RELATING TO DEFINITIONS) IN COMPLIANCE WITH 18
  U.S.C. § 926A (RELATING TO INTERSTATE TRANSPORTATION OF
  FIREARMS).
        (15)    ANY PERSON WHO POSSESSES A VALID AND LAWFULLY
  ISSUED LICENSE OR PERMIT TO CARRY A FIREARM WHICH HAS BEEN
  ISSUED UNDER THE LAWS OF ANOTHER STATE, REGARDLESS OF WHETHER
  A RECIPROCITY AGREEMENT EXISTS BETWEEN THE COMMONWEALTH AND
  THE STATE UNDER SECTION 6109(K), PROVIDED:
               (I)    THE STATE PROVIDES A RECIPROCAL PRIVILEGE FOR
        INDIVIDUALS LICENSED TO CARRY FIREARMS UNDER SECTION
        6109.
               (II)    THE ATTORNEY GENERAL HAS DETERMINED THAT THE
        FIREARM LAWS OF THE STATE ARE SIMILAR TO THE FIREARM LAWS
        OF THIS COMMONWEALTH.
        (16)    ANY PERSON HOLDING A LICENSE IN ACCORDANCE WITH
  SECTION 6109(F)(3).
  (C)   SPORTSMAN'S FIREARM PERMIT.--
        (1)    BEFORE ANY EXCEPTION SHALL BE GRANTED UNDER
  PARAGRAPH (B)(9) OR (10) OF THIS SECTION TO ANY PERSON 18
  YEARS OF AGE OR OLDER LICENSED TO HUNT, TRAP OR FISH OR WHO
  HAS BEEN ISSUED A PERMIT RELATING TO HUNTING DOGS, SUCH
  PERSON SHALL, AT THE TIME OF SECURING HIS HUNTING, FURTAKING
  OR FISHING LICENSE OR ANY TIME AFTER SUCH LICENSE HAS BEEN
  ISSUED, SECURE A SPORTSMAN'S FIREARM PERMIT FROM THE COUNTY
  TREASURER. THE SPORTSMAN'S FIREARM PERMIT SHALL BE ISSUED
  IMMEDIATELY AND BE VALID THROUGHOUT THIS COMMONWEALTH FOR A
  PERIOD OF FIVE YEARS FROM THE DATE OF ISSUE FOR ANY LEGAL
  FIREARM, WHEN CARRIED IN CONJUNCTION WITH A VALID HUNTING,
  FURTAKING OR FISHING LICENSE OR PERMIT RELATING TO HUNTING
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    DOGS. THE SPORTSMAN'S FIREARM PERMIT SHALL BE IN TRIPLICATE
    ON A FORM TO BE FURNISHED BY THE PENNSYLVANIA STATE POLICE.
    THE ORIGINAL PERMIT SHALL BE DELIVERED TO THE PERSON, AND THE
    FIRST COPY THEREOF, WITHIN SEVEN DAYS, SHALL BE FORWARDED TO
    THE COMMISSIONER OF THE PENNSYLVANIA STATE POLICE BY THE
    COUNTY TREASURER. THE SECOND COPY SHALL BE RETAINED BY THE
    COUNTY TREASURER FOR A PERIOD OF TWO YEARS FROM THE DATE OF
    EXPIRATION. THE COUNTY TREASURER SHALL BE ENTITLED TO COLLECT
    A FEE OF NOT MORE THAN $6 FOR EACH SUCH PERMIT ISSUED, WHICH
    SHALL INCLUDE THE COST OF ANY OFFICIAL FORM. THE PENNSYLVANIA
    STATE POLICE MAY RECOVER FROM THE COUNTY TREASURER THE COST
    OF ANY SUCH FORM, BUT MAY NOT CHARGE MORE THAN $1 FOR EACH
    OFFICIAL PERMIT FORM FURNISHED TO THE COUNTY TREASURER.
          (2)   ANY PERSON WHO SELLS OR ATTEMPTS TO SELL A
    SPORTSMAN'S FIREARM PERMIT FOR A FEE IN EXCESS OF THAT AMOUNT
    FIXED UNDER THIS SUBSECTION COMMITS A SUMMARY OFFENSE.
    (D)   REVOCATION OF REGISTRATION.--ANY REGISTRATION OF A
 FIREARM UNDER SUBSECTION (C) OF THIS SECTION MAY BE REVOKED BY
 THE COUNTY TREASURER WHO ISSUED IT, UPON WRITTEN NOTICE TO THE
 HOLDER THEREOF.
    (E)   DEFINITIONS.--
          (1)   FOR PURPOSES OF SUBSECTION (B)(3), (4), (5), (7) AND
    (8), THE TERM "FIREARM" SHALL INCLUDE ANY WEAPON WHICH IS
    DESIGNED TO OR MAY READILY BE CONVERTED TO EXPEL ANY
    PROJECTILE BY THE ACTION OF AN EXPLOSIVE OR THE FRAME OR
    RECEIVER OF THE WEAPON.
          (2)   AS USED IN THIS SECTION, THE PHRASE "PLACE OF
    INSTRUCTION" SHALL INCLUDE ANY HUNTING CLUB, RIFLE CLUB,
    RIFLE RANGE, PISTOL RANGE, SHOOTING RANGE, THE PREMISES OF A
    LICENSED FIREARMS DEALER OR A LAWFUL GUN SHOW OR MEET.]
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    SECTION 2.      TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
 § 6106.2.      LICENSE NOT REQUIRED.
    (A)     DECLARATION.--NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW, EVERY PERSON PRESENT IN THIS COMMONWEALTH WHO IS NOT
 PROHIBITED FROM POSSESSING FIREARMS UNDER FEDERAL LAW OR THE
 LAWS OF THIS COMMONWEALTH SHALL HAVE AN AFFIRMATIVE, FUNDAMENTAL
 AND CONSTITUTIONAL RIGHT TO KEEP AND BEAR FIREARMS, INCLUDING
 THE RIGHT TO CARRY OPENLY OR CONCEALED, CARRY LOADED OR
 UNLOADED, TRAIN WITH, TRANSPORT, POSSESS, USE, ACQUIRE,
 PURCHASE, TRANSFER, INHERIT, BUY, SELL, GIVE OR OTHERWISE
 DISPOSE OF OR RECEIVE ANY FIREARM WITHOUT A LICENSE TO CARRY A
 FIREARM OF ANY KIND FROM THIS COMMONWEALTH OR ANY OF ITS
 POLITICAL SUBDIVISIONS.
    (B)     OPTIONAL LICENSE.--OBTAINING A LICENSE TO CARRY A
 FIREARM UNDER THIS CHAPTER SHALL BE OPTIONAL. THE VOLUNTARY
 NATURE OF THE LICENSE SHALL NOT BE CONSTRUED TO REQUIRE THAT ANY
 PERSON OBTAIN A LICENSE TO CARRY A FIREARM UNDER THIS CHAPTER.
    SECTION 3.      SECTION 6108 OF TITLE 18 IS REPEALED:
 [§ 6108.    CARRYING FIREARMS ON PUBLIC STREETS OR PUBLIC PROPERTY
                IN PHILADELPHIA.
    NO PERSON SHALL CARRY A FIREARM, RIFLE OR SHOTGUN AT ANY TIME
 UPON THE PUBLIC STREETS OR UPON ANY PUBLIC P